Title
ZV(R)2024-0071, 0074 & 0075
Christian & Silvia Lesmez, 13761 NW 18 Court (District 3)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION/BACKGROUND:
Christian Lesmez, owner, submitted three residential zoning variance requests to legalize a circular driveway and patio for the single-family residence located at 13761 NW 18 Court in the Pembroke Falls neighborhood, which is zoned PUD (Planned Unit Development). The property follows the guidelines for single-family conventional homes with lots larger than 11,250 Square Feet. The PUD guidelines do not address front lot coverage, driveways or patios, so the provisions of the City’s Land Development Code (LDC) apply.
On April 1, 2022, the owner submitted building permit application No. RX22-00600 to build a circular driveway at the property, the permit was reviewed and approved. On April 4, 2024, the owner submitted building permit revision No. 24-04278 to modify and to expand the approved driveway; however, the building plan revision cannot be approved as the existing work exceeds the limitations of the City’s Land Development Code (LDC).
As result of the deviation of the approved work on the field, the property owner is requesting:
• ZV(R)2024-0071: to allow 47% front lot coverage (total) instead of the allowed 40% front lot coverage (total) for an existing circular driveway on a residential single-family property, typical lot.
After reviewing the applicant’s initial request and, per the property’s survey, it was detected existing surfaces at grade encroaching into required side and rear setbacks. The petitioner is presenting an alternative plan to modify existing conditions with the following changes:
• Removal of existing paving material along the rear property line.
• Removal of existing artificial turf from and along the western property line
Planning and Economic Development staff assisted the applicant to identify potential changes to the property’s existing conditions that could be done to meet the provisions of the City’s LDC; nonetheless, the petitioner would like to retain the existing items at location and would like to include the following:
• ZV(R)2024-0074: to allow two-foot, four-inch (2’ - 4”) side setback along a segment of the eastern property line instead of the required five-foot (5’) side setback for an existing patio.
• ZV(R)2024-0075: to allow two-foot, four-inch (2’ - 4”) augmenting to three-foot, four-inch (3’ - 4”) side setback along a segment of the western property line instead of the required five-foot (5’) side setback for an existing patio.
Per staff review of the city’s archives, no building permits can be found for the non-permitted work done on the property. The owner provided copy of historical surveys and pool permit records, corroborating the non-permitted work at location have existed at the property since at least 2021 (see surveys, pool permit records, attached).
In May 12, 2024, the Code Compliance Division cited the property (Case No. 240501603) asking the owner to complete the project and correct the property’s appearance.
The applicant is aware that Board consideration of residential variance requests does not preclude the property owner from obtaining all necessary development related approvals or permits.
The subject property is in Pembroke Falls neighborhood. The owner has provided a copy of the Homeowners Association (HOA) Letter, dated August 14, 2024.
VARIANCE REQUEST DETAILS:
ZV(R)2024-0071) is to allow 47% total front lot coverage instead of the required 40% total front lot coverage for an existing circular driveway on a residential single-family property, typical lot.
ZV(R)2024-0074) is to allow two-foot, four-inch (2’ - 4”) side setback along a segment of the eastern property line instead of the required five-foot (5’) side setback for an existing patio and walkway.
ZV(R)2024-0075) is to allow two-foot, four-inch (2’ - 4”) augmenting to three-foot, four-inch (3’ - 4”) side setback along a segment of the western property line instead of the required five-foot (5’) side setback for an existing patio and walkway.
Code References:
ZV(R)2024-0071)
Table 155.620 Accessory Building and Structures
Type, Driveway Circular, Maximum Dimensions, 40% front lot coverage
ZV(R)2024-0074-0075)
Type, Deck or Patio, Setback, Side, 5 feet
VARIANCE DETERMINATION:
The Board of Adjustment shall not grant any single-family residential variances, permits, or make any decision, finding, and determination unless it first determines that:
Its decision and action taken is in harmony with the general purposes of the zoning ordinances of the city and is not contrary to the public interest, health, or welfare, taking into account the character and use of adjoining buildings and those in the vicinity, the number of persons residing or working in the buildings, and traffic conditions in the vicinity.
In the granting of single-family residential variances, the Board shall follow Section 155.301(O) Variance:
1. Purpose: To allow for the provision of relief from certain development standards of this LDC for one or more of the following reasons:
a) There are special circumstances or conditions applying to the land or building for which the variance is sought, which circumstances are peculiar to the land or building and do not apply generally to land or buildings in the neighborhood, and that the strict application of the provisions of the zoning ordinances would result in an unnecessary hardship and deprive the applicant of the reasonable use of the land or building; or
b) Any alleged hardship is not self-created by any person having an interest in the property nor is the result of a mere disregard for or in ignorance of the provisions of the zoning ordinances of the city; or
c) Granting the variance is not incompatible with public policy, will not adversely affect any adjacent property owners, and that the circumstances which cause the special conditions are peculiar to the subject property.